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Showing posts with label Rule of Law. Show all posts
Showing posts with label Rule of Law. Show all posts

11/1/21

European Parliament sues Commission for failing to hold members accountable over rule of law - by Jorge Liboreiro

The European Parliament has decided to sue the European Commission after the executive's repeated refusal to activate a new conditionality mechanism that can freeze EU funds for member states suspected of breaching EU law.

The lawsuit was submitted on Friday by the Parliament's legal service before the European Court of Justice (ECJ), based in Luxembourg.

Read more at: European Parliament sues Commission for failing to hold members accountable over rule of law | Euronews

11/27/20

EU - Disrespect rule of law by Poland and Hungary: The rule of law: a simple phrase with exacting demands – by Albena Azmanova and Kalypso Nicolaidis

That the European Union, in its moment of public healthcare emergency and acute economic plight, should find itself paralysed over such a seemingly abstract matter as the rule of law is one of the great paradoxes of our times. And yet this is exactly the conundrum plaguing approval of the EU’s seven-year budget and recovery fund, totalling €1.81 trillion, which Poland and Hungary have been blocking over rule-of-law conditionality for the funds’ disbursement.

Read more at: The rule of law: a simple phrase with exacting demands – Albena Azmanova and Kalypso Nicolaidis

8/22/18

EU: Making plans for a new world order - by Heiko Maas

Europe's relationship with the US was changing even before Donald Trump and his provocative Tweets came along. Germany now sees the current trans-Atlantic antipathy as a historic opportunity to redefine the EU's role, writes Germany's foreign minister.

If we go it alone, we will fail in this task. The outstanding aim of our foreign policy is to build a sovereign, strong Europe. Only by joining forces with France and other European nations can a balance with the US be achieved. The European Union must become a cornerstone of the international order, a partner for all those who are committed to it. She is predestined for this, because compromise and balance lie in her DNA.

“Europe United” means this: We act with sovereignty at those points where nation-states alone cannot muster the level of power a united Europe can. We are not circling the wagons and keeping the rest of the world out. We are not demanding allegiance. Europe is building on the rule of law, respect for the weaker, and our experiences that show that international cooperation is not a zero-sum game.

A balanced partnership means that we Europeans take an equal share of the responsibility. Nowhere is the trans-Atlantic link more indispensable to us than in terms of security. Whether as a partner in NATO, or in the fight against terrorism, we need the US. We must draw the right conclusions from this.

It is in our own interest to strengthen the European part of the North Atlantic Alliance. Not because Donald Trump is always setting new percentage targets, but because we can no longer rely on Washington to the same extent. But the dialectic of the trans-Atlantic also means this: If we take on more responsibility, then Americans and Europeans can continue to rely on each other in the future.

Read more: Making plans for a new world order

3/27/18

EU-Turkey summit ends with 'no solutions' - by Nikolaj Nielsen

EU relations with Turkey remain tense following a meeting in Bulgaria where leaders from both sides outlined differences.

Speaking to reporters in the Black Sea resort of Varna on Monday (26 March), European Council president Donald Tusk said no solutions or compromises had been found between Ankara and the EU.

"If you are asking me if we achieved some solutions or compromises, my answer is no. What I can say that is that I raised all our concerns, as you know it was a long list," he said.

Tusk, along with European Commission president Jean-Claude Juncker and Bulgaria's prime minister Boyko Borissov, had met with Turkey's president Recep Tayyip Erdogan as part of a broader effort to improve fraught relations.

The two sides found common ground on migration, an area of cooperation that appears only to underscore tensions elsewhere. Outstanding internal issues on rule of law, the mass jailing of journalists, Turkish assertive military forays in northern Syria, wider conflicts with Cyprus and the detention of Greek soldiers, remain unresolved.

EU leaders had only last week in a summit in Brussels roundly condemned Turkey's "illegal actions in the Eastern Mediterranean and the Aegean Sea" and demanded that Ankara respect the sovereign rights of Cyprus to explore and exploit its natural resources.

The same message was repeated in Varna, with Erdogan stating that he had handed over information to the EU leaders to explain Turkey's position that he claims respects international laws.

"Not until the European Union stops being overly critical, in particular certain members of the EU, we will not be able to engage fully in improving the relations," said Erdogan.

Read more: EU-Turkey summit ends with 'no solutions'

11/20/17

EU Parliament warns Poland on not fearing off rule of law

In the vote, the Parliament decided by 438 votes to 152 to prepare a formal request that the Council activate the preventive mechanism provided for in Article 7.1.of the Treaty. If the risk persists and the Polish authorities refuse to comply with the EU recommendations, the procedure might lead to the suspension of Poland's voting rights in the Council.

Specific concerns were voiced about the separation of powers, the independence of the judiciary and fundamental rights.

The resolution calls on the Polish authorities to uphold the common European values listed in Article 2 of the Treaty on European Union and in the Polish Constitution. It urges Poland:

    not to proceed the new laws unless they fully guarantee the independence of the judiciary to implement all EU Commission and Venice Commission recommendations in full,
    to comply with the EU Court of Justice order to "immediately suspend large-scale logging" in the ancient Bialowieza forest,
    to respect the right of freedom of assembly,
    to strongly condemn the "xenophobic and fascist march that took place in Warsaw" on Saturday,11    November 2017, and
    to take a firm stand on women's rights, by providing free and accessible contraception without discrimination and making emergency contraception available without medical prescription.


Under Parliament's Rules of Procedure (Rule 83), its Civil Liberties Committee now needs to draw up a "reasoned proposal", the document required to call on the Council to trigger the rule of law mechanism in response to a "clear risk of a serious breach" of European values by the Polish authorities.

This is only the second time that the European Parliament has taken formal steps to call on the Council to start the Article 7 procedure. The first was taken in May 2017 with respect to Hungary. The procedure is still under way.

The dialogue between the Commission and the Polish authorities is conducted under the "rule of law" procedure initiated in January 2016.

Read more: EU Parliament warns Poland on rule of law — EUbusiness.com | EU news, business and politics

7/20/17

Poland: Rule of Law in Jeopardy: Polish parliament approves controversial Supreme Court bill

Poland’s lower house of parliament adopted on Thursday (20 July) a controversial Supreme Court bill, setting the country further on collision course with Brussels, which has accused it of undermining the basic principles of the rule of law.

The Sejm passed the bill — which the European Commission, legal experts and the Polish opposition say will abolish the judiciary’s independence — with the vote of 235 deputies. Against were 192 deputies and 23 abstained.

The European Commission will meet next week to decide whether to activate Article 7 against Poland — a last-resort measure to rein in member states seen as violating the basic human rights and the rule of law. If approved, Poland could temporarily be stripped of its voting rights in the European Council.

Read more: Polish parliament approves controversial Supreme Court bill – EURACTIV.com

2/9/16

Poland: - Experts probe Polish govt's alleged breach of rule of law

 European legal experts on Monday began a fact-finding mission in Poland to determine if Warsaw's new right-wing government has violated the EU member's constitution and democracy rules.

Last month, the European Union launched an unprecedented probe into controversial reforms to the constitutional court and increased control over state media by the new Law and Justice (PiS) government after it swept to power in October elections.

Legal experts advising the Council of Europe, an international organisation that seeks to uphold human rights, democracy and the rule of law, will share their findings with the European Commission.

The Commission has in turn said it will review Poland's responses by March.

Poland's Prime Minister Beata Szydlo said Monday her government would "pay attention and be very open to the proposals" of the visiting legal experts. But she would not be drawn on how Warsaw plans to react to possible criticism.

She spoke at joint press conference in Budapest along side Hungarian counterpart Viktor Orban.
The reforms in Poland are seen as emulating those of Orban, who has regularly been accused of undermining key democratic checks and balances since 2010, and who has also had a testy relationship with Brussels.

Read more: Flash - Experts probe Polish govt's alleged breach of rule of law - France 24